PROJECT MANAGER, BRN INFRASTRUCTURE PVT. LTD. Vs. LALROSANGI

JUDGEMENT

(1.) Heard Mr. B. Lalramenga, learned counsel for the appellant along with Mr. J.C. Lalnunsanga, learned counsel for the respondents.

(2.) This Regular First Appeal is filed under Sec. 96 CPC read with Sec. 17(2)(b) of the Mizoram Civil Courts Act, 2005 against the impugned Judgment and Order dtd. 1/11/2022 and the Decree dtd. 1/11/2022 passed by the learned Senior Civil Judge, Lunglei, Mizoram in Civil Suit No.2 of 2022

(3.) The brief facts of the case is that the present respondent/plaintiff in the Civil Suit No.2 of 2022, being the legal and rightful owner of the land bearing LSC No.439 of 1988 located at Hrangchalkawn, Lunglei, had filed the suit against the present appellant/defendant No.1 for payment of compensation/damages caused to the land, fish pond, crops and fencing of the present respondent No.1 by the present appellant. The said land was situated besides NH-54 in which a project of widening and up-gradation of road was being carried out. The present appellant along with the proforma respondent Nos. 2 and 3 under-took the execution of the said project. During the execution of their work the present appellant dumped waste soils and mucks, thereby damaging the boundary fencing of the land, breaking one RCC built fish pond and clogging the pond with waste soils of the present respondent No.1. The present respondent No.1/plaintiff in the Civil Suit No.2 of 2022 claimed Rs.19,30,000.00 (Rupees nineteen lakhs thirty thousand) for the damage property, by engaging Junior Civil Engineer, who made the estimate for construction of rectangular RCC underground water tank, garden fencing and excavation of mucks and waste on fish pond based on 'SOR 2016 for NH and State roads in Mizoram'. The present respondent No.1 also made a supplementary claim of Rs.4,00,000.00 (Rupees four lakhs) for damages of fruits, trees and crops embedded on the land.